Employees on an H-1B visa can continue renewing their visa as normal, attorneys said during an immigration forum hosted by the University of South Florida last week.
The H-1B program allows employers to hire foreign workers with at least a bachelor's degree when U.S.-born labor is hard to find. The visa is typically renewed every three years, but can be extended up to six.
In September, the Trump administration imposed new restrictions, including a $100,000 fee for new H-1B visa petitions. The move sparked widespread concern from companies and institutions that rely on foreign workers hired through the program.
Then, Gov. Ron DeSantis called on universities to "pull the plug" on H-1B at a news conference held at USF in October, prompting even more confusion.
However, any formal changes to international hiring through the H-1B program have not been discussed by the Florida Board of Governors, which oversees the state's university system. It's uncertain how the state would regulate a federal program.
Attorneys working with USF World clarified that, so far, renewals for existing staff will continue "business as usual."
The $100,000 fee would only apply to new H-1B petitions filed after 12:01 a.m. on Sept. 21 of this year.
The fee would not apply when USF is hiring someone from another employer, who already has H-1B status.
Also exempt from the fee are international students who are already on a valid student visa, such as the F-1 or J-1, and are switching over to an H-1B visa status.
"So essentially, if anyone is in the U.S. in a valid status — whether it's an extension, a change of status or transfer from another employer — that fee will not apply," said Jennifer Roeper Stockon, an attorney with Ogletree Deakins, a labor and employment law firm working with USF.
The fee will apply, however, in cases where the university is hiring from overseas and the individual does not already hold H-1B status.
An exception to the rule would be an individual the Department of Homeland Security deems is "in the national interest and does not pose a threat to the security or welfare of the United States."
But Stockon, said, there's "not a whole lot of clarity around who qualifies for that exemption."
"If they're outside the United States, we would need more conversation about the appropriate visa, because we would not be using the H-1B," said Marcia Taylor, USF's assistant vice president for Immigration Compliance and Services.
Although the H-1B has been what the USF World presentation called the "stable backbone" of the visa program, the university is looking at other visa options when it comes to foreign hires.
Those include:
- the TN visa, which allows Mexicans and Canadians to work in the U.S. in certain occupations if they can demonstrate they plan to return to their home country after the work period ends;
- the E-3, which is similar to H-1B, but applies only to Australians;
- the H-1B1, a visa for Singaporeans and Chileans also similar to the H-1B;
- and the O-1 Extraordinary Abilities visa, which includes all nationalities, but has a higher threshold.
Updated figures show USF employed 102 H-1B visa holders so far in fiscal 2025, according to data from the U.S. Citizenship and Immigration Services. That puts USF fourth in Florida colleges, behind the University of Florida, the University of Miami, and Florida State University when it comes to the number of H-1B employees.
Attorneys advised employees on visas to minimize unnecessary travel abroad. But if they must, they should make sure passports and visa stamps are up-to-date and plan well in advance since processing times are much longer than in years past.
Potential changes for international students
Another potential update to immigration policy involves international students.
Typically, international students or exchange visitors are allowed to stay in the U.S. as long as it takes to complete their studies.
But the Trump Administration is proposing a rule change that will allow students to only stay until their program end date, which is not to exceed four years. To stay beyond the listed date, students would need to file an extension with the federal government.
"The difference is, right now, it's all handled internally by the school. So it's quite easy for the students. They just rely on the USF office, and everything is magically arranged and taken care of," said Alix Mattingly, an attorney with Ogletree Deakins.
If the new extension requirement is implemented, Mattingly said, that could pose a challenge for students.
"Perhaps you're busy studying and concentrating hard on your work and you don't realize it," said Mattingly.
If students don't file an extension on time, they could accrue something called unlawful presence.
That can "put you at risk as a foreign national long-term for being in the U.S. without valid status. And it may be impossible to fix that status," said Mattingly.
Currently, students on an F-1 visa — the visa a majority of students are admitted on — are allowed a 60-day grace period to remain in the U.S. after their studies end to either prepare to depart, transfer to another program, or apply to change status.
The proposed rule change would reduce that grace period to 30 days.
Other proposed changes include not allowing F-1 international undergraduate students to change programs within their first academic year. F-1 students at the graduate degree level or above would not be allowed to change programs at any point during their program of study.
Attorneys said that a final rule change, if implemented, will come during the first quarter of 2026 at the earliest, and the changes will likely apply only to future students.
Kiki Caruson, Vice President of USF World, encouraged students and employees to reach out to her office with any questions.
"We recognize that this is a very uncertain time, but please know that we have experts and resources here," said Caruson. "We do not want folks to be unnecessarily stressed — not minimizing the stress that uncertainty can generate."
USF is known for its large international student population. With 7,268 international students in the 2024-25 school year, USF tops all Florida universities.
However, with changes and restrictions to student and worker visas, as well as immigration as a whole, universities across the U.S. are seeing a drop in international enrollment this year.
